RE: concepts of perpetuity

["Macklin, Lisa Alsing" <lmackli@emory.edu>]

Ann,

Does the contract include language that the terms cannot be 
changed unless in a writing signed by both parties (or something 
to that effect)?  If so, that would support your argument that we 
had an agreement and you cannot now change the terms of the 
agreement.

Lisa A. Macklin, J.D.
Coordinator, Intellectual Property Rights Office of
Emory University Libraries
Robert W. Woodruff Library
Atlanta, GA 30322-2870
Email and IM:  lisa.macklin@emory.edu

-----Original Message-----
Sent: Wednesday, August 27, 2008 8:39 PM
To: liblicense-l@lists.yale.edu
Subject: Re: concepts of perpetuity

Warren, not a trick question at all, but one that very few are
responding to on this list!  At YUL, we agree with you but were
seeking others' input in case there was some aspect of contracts
that we'd overlooked.

Ann Okerson

On 8/26/08, Warren Holder <warren.holder@utoronto.ca> wrote:
>
> Is this a trick question? In my mind, the answer to your last 
> question is a simple no.
>
> Warren Holder
> Electronic Resources Co-ordinator
> University of Toronto Libraries
> Toronto, Ontario CANADA M5S 1A5
> warren.holder@utoronto.ca
> www.library.utoronto.ca/its/warren.html
>
>
> Okerson, Ann wrote:
>
>> Thanks to Bill and to Sally for useful comments.  However, my
>> inquiry (see below) wasn't about promising perpetual access.
>>
>> It was about our having purchased, with a signed contractual
>> agreement, ongoing access *without further charges* -- and now
>> a couple of years later, the publishing company is asking for a
>> fee even though our signed license is still in effect.
>>
>> That's what my message was about (adding charges to a
>> supposedly fully paid contract) rather than reneging on
>> long-term access -- anyone out there have thoughts about this?
>> If we paid an agreed upon price which required no further fee,
>> should we now pay a fee?
>>
>> Thank you, Ann Okerson